Illinois is a surrogacy-friendly state for same-sex couples who want to have a child through surrogacy. The Gestational Surrogacy Act of the Illinois General Assembly governs the legal framework for surrogacy arrangements in the state. This act sets forth specific guidelines and requirements that ensure the rights of all parties involved are protected.
What is Gestational Surrogacy?
Gestational surrogacy is a process in which a surrogate mother is implanted with an embryo created from the eggs and sperm of the intended parents or donors. The surrogate mother carries the pregnancy to term and delivers the child, but the child is genetically unrelated to the surrogate mother.
Requirements for Surrogacy in Illinois
The Gestational Surrogacy Act of the Illinois General Assembly requires that all parties involved in a surrogacy agreement undergo a psychological evaluation before the arrangement begins. The intended parents must also obtain legal representation before entering into a surrogacy agreement, and the surrogate mother must have her legal representation as well. The Act also requires that the surrogacy agreement be in writing and signed by all parties involved, including the surrogate's spouse, if applicable.
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